Supreme Court of India · 1998-04-16
TUKARAM RAMCHANDRA MANE (DEAD) BY L.R.RS vs RAJARAM BAPU LAKULE (DEAD) BY L.RS.
- Citation / case number
- SC 1990/77121
- Court
- Supreme Court of India
- Petitioner
- TUKARAM RAMCHANDRA MANE (DEAD) BY L.R.RS
- Respondent
- RAJARAM BAPU LAKULE (DEAD) BY L.RS.
- Author
- A.P. MISRA K. VENKATASWAMI
- Bench
- A.P. MISRA K. VENKATASWAMI
Judgment text excerpt
The Supreme Court interpreted Section 37(1) of the Provincial Insolvency Act, 1920, clarifying that all acts done by the court or receiver prior to annulment are valid. The Court upheld the finding that the sale deed executed by the debtor was a sham transaction, thus reviving the original mortgage. The Court affirmed the decision of the authorized officer under the Maharashtra Debt Relief Act, 1975, which declared the debt extinguished, holding that the debtor's relationship with the creditor was valid post-annulment.